Laws regarding distracted driving vary by state. While most states, 48 plus D.C., have laws banning texting and driving, many states still allow drivers to talk on a phone behind the wheel. Most states also have different laws that pertain to young and inexperienced drivers.
According to data from the Centers for Disease Control and Prevention, nine people die in car crashes daily involving distracted driving – 3,142 people died in 2020 due to distracted driving, per the NHTSA.
Distracted driving laws can be complicated, and receiving a ticket for texting or talking behind the wheel can impact your insurance rates. Many drivers are unaware of what is legal in their own state regarding talking, texting and driving.
- The penalties for talking and texting on a cell phone vary from state to state.
- A texting ticket will raise your rates, on average, by 24% according to a rate analysis by CarInsurance.com. However, it could be as low as 4% or as high as 30% depending, on your state laws and driving record, among other factors.
- Teen and novice drivers in many states face strict cell phone restrictions, but the laws vary.
Will a cell phone ticket raise my car insurance rates?
A texting ticket will raise your rates, on average, by 24%, according to a rate analysis showing how much insurance goes up for a texting ticket by CarInsurance.com. However, it could be as low as 4% or as high as 30%, depending on your state laws and driving record, among other factors.
The rate hike will vary by insurer, but in most cases, it would be treated as a minor violation such as a low-level speeding ticket or running a red light. Usually, a rate increase will be the same as any other first infraction.
If you experience a sharp rate increase after a cell phone ticket, you may want to compare car insurance rates from other insurers. You’ll probably find that some insurers are more forgiving than others when you shop around.
| State | Texting and driving ban | Hand-held phone conversations ban | License points |
|---|---|---|---|
| Alabama | All drivers | No | 2 Points on License |
| Alaska | All drivers | No | No |
| Arizona | All drivers | All drivers | No |
| Arkansas | All drivers | School or Construction Zones | No |
| California | All drivers | All drivers | No |
| Colorado | All drivers | No | 4 Points |
| Connecticut | All drivers | All drivers | No |
| Delaware | All drivers | All drivers | No |
| D.C. | All drivers | All drivers | No |
| Florida | All drivers | Drivers in school and work zones | 3 Points for Second Offense, 2 more Points for School Zone, 6 for Accident |
| Georgia | All drivers | All drivers | 1 Points |
| Hawaii | All drivers | All drivers | No |
| Idaho | All drivers | All drivers | No |
| Illinois | All drivers | All drivers | No |
| Indiana | All drivers | All drivers | No |
| Iowa | All drivers | No | No |
| Kansas | All drivers | No | No |
| Kentucky | All drivers | No | 3 Points |
| Louisiana | All drivers | drivers in signed school zones; with respect to novice drivers | No |
| Maine | All drivers | All drivers | No |
| Maryland | All drivers | All drivers | 1 Point & 3 if Accident |
| Massachusetts | All drivers | All drivers | No |
| Michigan | All drivers | No | No |
| Minnesota | All drivers | All drivers | No |
| Mississippi | All drivers | No | No |
| Missouri* | Drivers 21 and younger | No | No |
| Montana | No | No | No |
| Nebraska | All drivers | No | 3 Points |
| Nevada | All drivers | All drivers | 4 Points for Second Offense |
| New Hampshire | All drivers | All drivers | No |
| New Jersey | All drivers | All drivers | 3 points for Third Offense |
| New Mexico | All drivers | No | No |
| New York | All drivers | All drivers | 5 Points |
| North Carolina | All drivers | No | No |
| North Dakota | All drivers | No | No |
| Ohio | All drivers | No | No |
| Oklahoma | All drivers | Learner’s permit and intermediate license holders | No |
| Oregon | All drivers | All drivers | No |
| Pennsylvania | All drivers | No | No |
| Rhode Island | All drivers | All drivers | No |
| South Carolina | All drivers | No | No |
| South Dakota | All drivers | No | No |
| Tennessee | All drivers | All drivers | No |
| Texas | All drivers | Drivers in school crossing zones and on public school property during the time the reduced speed limit applies | No |
| Utah | All drivers | No | No |
| Vermont | All drivers | All drivers | 4 points for school construction zones, 5 points for second offense |
| Virginia | All drivers | All drivers | 3 points |
| Washington | All drivers | All drivers | No |
| West Virginia | All drivers | All drivers | 3 points for Third Offense |
| Wisconsin | All drivers | Drivers in highway construction areas | 4 points |
| Wyoming | All drivers | No | No |
How many states ban texting and driving?
Laws regarding cell phone use and texting vary dramatically across the country and can be confusing. In some states, certain cities have stricter laws on the books than the state law, making knowing where you can and cannot use your phone a bit of a mystery.
Currently, in 48 states, Washington, D.C., Puerto Rico, Guam and the U.S. Virgin Islands, it is illegal to text while driving. In most states, it is a primary law, but there are a few outliers where texting and driving is only secondary.
If the law is primary, a police officer can pull a driver over and issue a ticket for using a cell phone while driving. The officer needs no reason to pull you over besides the cell phone violation.
If the law is secondary, the police must pull a driver over for a different primary violation, for example, speeding or reckless driving. They then have the right to issue a ticket for a cell phone violation in addition to the primary offense. They cannot pull you over for a cell phone violation on its own if the law is secondary.
To add one more layer of confusion, many states have separate restrictions that only apply to younger, inexperienced drivers.
Texting and cell phone penalties by state
The penalties for talking and texting on a cell phone can vary dramatically between states. At one point, texting while driving in Alaska was a misdemeanor, punishable by a year in jail and a $10,000 fine for a first offender. Luckily, the fine has been scaled back recently and tops out at $500 in the Last Frontier.
While Alaska’s fine was a bit over the top, texting or talking while driving can still be an expensive ticket in certain states. But in most states, fines run between $50 and $200.
| State | Penalty for Talking | Penalty for Texting | Enforcement |
|---|---|---|---|
| Alabama | Not illegal if using a hands-free device | $25 after their first violation, $50 after the second offense and $75 after the third or subsequent offenses. | primary |
| Alaska | Not illegal | $500 | primary |
| Arizona | $75 and $149 for a first violation and between $150 and $250 for a second and subsequent violation | $75 and $149 for a first violation and between $150 and $250 for a second and subsequent violation | Primary, secondary: learner’s permit holders and intermediate license holders during the first 6 months after licensing |
| Arkansas | For using a hand-held device fine can range from up to $250 for a first offense and up to $500 for any subsequent offense. | Fines can range from up to $250 for a first offense and up to $500 for any subsequent offense. | primary |
| California | Minimum of $162 | Minimum $162 | Primary: hand-held and texting by drivers 18 and older; secondary: drivers younger than 18 |
| Colorado | Not illegal if a headphone is used in one ear | Up to one-year imprisonment, $1,000 fine, or both. | primary |
| Connecticut | $200 for the first offense, $375 for the second offense, and $625 for the third and subsequent offenses. | $200 for the first offense, $375 for the second offense, and $625 for the third and subsequent offenses | primary |
| Delaware | $100 for their first offense. Subsequent offenses will be no less than $200 and no more than $300. | $100 for their first offense. Subsequent offenses will be no less than $200 and no more than $300. | primary |
| Washington, D.C. | Not illegal if used during emergency situations or hands-dree device is installed | $100 | primary |
| Florida | Mandatory fine of $250 | $30 fine and court fees. A second offense carries a $60 fine, court costs and related fees, and three points on a driverâs license. | primary |
| Georgia | $50 for first conviction, $100 for a second conviction and $150 three or more convictions. | $50 for first conviction, $100 for a second conviction and $150 for three or more convictions. | primary |
| Hawaii | $250 for each offense, $300 for violations in a school or construction zone | $250 for each offense, $300 for violations in a school or construction zone | primary |
| Idaho | $75 for a first offense and $150 for a second offense within a 3-year period | $75 for a first offense and $150 for a second offense within a 3 year period | primary |
| Illinois | Minimum fine of $1,000 and a mandatory driverâs license suspension of one year. | $75 for a first offense, $100 for a second offense, $125 for a third offense, and $150 for a fourth or subsequent offense. | primary |
| Indiana | Not illegal | Up to $500 | primary |
| Iowa | Not illegal if using a hands-free device, only for emergency situations | $45 to $100 | primary |
| Kansas | $60 for each offense | $60 for each offense | primary |
| Kentucky | $25 for first offense, $50 for subsequent offenses | $25 for first offense, $50 for subsequent offenses | primary |
| Louisiana | First offense is $175 and any second or subsequent offenses carries a fine of up to $500. | First offense is $175 and any second or subsequent offenses carry a fine of up to $500. | primary |
| Maine | $50 for a first infraction and $250 for subsequent infractions | $50 for a first infraction and $250 for subsequent infractions | primary |
| Maryland | First offense is $40 and subsequent offenses $100 | First offense is $40 and subsequent offenses $100 | primary |
| Massachusetts | Not illegal | $100 for a first offense, $250 for a second offense and $500 for a third and subsequent offense | primary |
| Michigan | Not illegal | $100 for first offense, subsequent offenses cost $200 | primary |
| Minnesota | Not illegal | First ticket is more than $120. The second and later tickets are more than $300. | primary |
| Mississippi | Not illegal | $100Â | primary |
| Missouri | $50 fine for drivers 21 or younger for using a hand-held device | $50 fine for drivers 21 or younger | primary |
| Montana | Not illegal | Not illegal | primary |
| Nebraska | Not illegal | $200 for first offense, $300 second offense, or $500 for subsequent offenses in addition to three points against the driver’s license | Not applicable |
| Nevada | You may talk on a phone using a hands-free device. | Penalties are $50 for the first offense in seven years, $100 for the second and $250 for third and sub-sequent offenses. | Secondary |
| New Hampshire | $100 plus penalty assessment for a first offense, $250 plus penalty assessment for a second offense and $500 plus penalty assessment for any subsequent offense within a 24-month period. | $100 plus penalty assessment for a first offense, $250 plus penalty assessment for a second offense and $500 plus penalty assessment for any subsequent offense within a 24-month period. | Primary |
| New Jersey | Maximum fine of $600 and a 90 day driver’s license suspension for using a hand-held device. | Maximum fine of $600 and a 90-day driver’s license suspension | Primary |
| New Mexico | $500 fine driving with cell phones in hand | $500 fine driving with cell phones in hand | Primary |
| New York | First offense- $50 minimum, Second offense- $250 maximum | First offense- $50 minimum, Second offense- $250 maximum | Primary |
| North Carolina | Not illegal for on-duty officials such a member of fire department | $100 | Primary |
| North Dakota | Not illegal | $100 | Primary |
| Ohio | Not illegal | $150 fine for a first offense. $300 for a second offense. | Primary |
| Oklahoma | Not illegal | $100Â | Secondary; primary for drivers younger than 18 |
| Oregon | Not illegal | Maximum fine of $1,000. A second offense, or if the first offense contributes to a crash a maximum fine of $2,000. | Primary |
| Pennsylvania | Not illegal | $50 fine, plus court costs and other fees | Primary |
| Rhode Island | Fine up to $100 for holding a phone and talking | fine up to $100 | Primary |
| South Carolina | $100 for first offense for holding a phone while driving and $200 for any additional offense | $100 for first offense for holding a phone while driving and $200 for any additional offense | Primary |
| South Dakota | Talking on your cellular phone is permitted | $100Â | Primary; secondary for learner’s permit and intermediate license holders |
| Tennessee | $50 for the irst-time offense, $100 for third-time offense or higher for holding a wireless device | $50 for the irst-time offense, $100 for third-time offense or higher | Primary |
| Texas | Not illegal | up to $200 | Primary |
| Utah | $100 for using a hand-held device | $100 | Primary |
| Vermont | $100 and not more than $200 for a first violation if found holding electronic device | $100 and not more than $200 for a first violation | Primary |
| Virginia | Civil penalty not to exceed $2,750 for using a hand-held device | $125 fine for the first offense and a $250 fine for second or subsequent offenses | Primary |
| Washington | No penalty may exceed $250 for each offense | No penalty may exceed $250 for each offense | Primary |
| West Virginia | Not illegal if using a hands-free device | $100 for a first offense, $200 for a second and $300 for a third or subsequent offense | Primary |
| Wisconsin | $162 for first offense and $200 for second offense | $162 for first offense and $200 for the second offense. | Primary |
| Wyoming | Not illegal if using a hands-free device | $75Â | Primary |
States with cell phone bans for novice drivers
Teen and novice drivers in many states face strict cell phone restrictions, but the laws vary dramatically.
Some states ban cell phone use outright for those younger than 18. In contrast, others only ban cell phones for drivers with a learner’s permit, and others put no restrictions on novice drivers when it comes to using a cell phone.
The following states have other restrictions in place related to young or novice drivers:
- Arkansas
- California
- Colorado
- Connecticut
- Georgia
- Hawaii
- Illinois
- Indiana
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Minnesota
- Missouri
- Nebraska
- New Hampshire
- New York: Primary
- North Carolina
- North Dakota
- Ohio
- Oregon
- Rhode Island
- Texas
- Utah
- Vermont
- Virginia
- West Virginia
Other restrictions for young drivers:
- Alabama: Cell phone ban for 16- and 17-year-olds with less than 6 months experience – Primary
- Alaska: No restrictions
- Arizona: Prohibits the use of cell phones while driving for the first six months after receiving a graduated license or until the age of 18 – Secondary
- Delaware: Cell phone ban for drivers with intermediate licenses and learner’s permits – Primary
- Washington DC: Cell phone ban for drivers on learner permit – Primary
- Florida: No restrictions
- Idaho: No restrictions
- Iowa: Cell phone ban for drivers that have their intermediate license or learner’s permit – Primary
- Michigan: Cell phone ban for drivers with Level 1 or 2 License
- Mississippi: No restrictions
- Montana: No restrictions
- New Jersey: Cell phone ban for drivers with an intermediate license or a learner’s permit – Primary
- New Mexico: Cell phone ban for drivers with a learner or provisional license
- Oklahoma: Cell phone ban for drivers with an intermediate license or a learner’s permit: Primary
- Pennsylvania: No restrictions
- South Carolina: No restrictions
- South Dakota: Cell phone ban for drivers with a learner or intermediate license
- Tennessee: Cell phone ban for drivers on learner or intermediate license – Primary
- Washington: Cell phone ban for drivers who have an intermediate license or learner’s permit – Primary
- Wisconsin: Cell phone ban for drivers with an intermediate license or a learner’s permit – Primary
- Wyoming: No restrictions
Related stories
Resources & Methodology
Sources
Insurance Institute for Highway Safety. “Cellphone use laws by state.” Accessed December 2022.
Governors Highway Safety Association. “Distracted Driving.” Accessed December 2022.
Centers for Disease Control and Prevention. “Distracted Driving.” Accessed December 2022.
NHTSA. “Distracted Driving.” Accessed December 2022.
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